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What is Treaty Adoption?

General Information

“Adoption” is the act by which the form and content of a proposed treaty text are finalized and established.

The adoption of the text of a treaty often takes place through the expression of the consent of the states participating in the drafting process.

Treaties that are negotiated within an international organization will usually be adopted by a resolution of a representative organ of the organization whose membership more or less corresponds to the potential participation in the treaty in question. A treaty can also be adopted by an international conference which has specifically been convened for setting up the treaty, by a vote of two thirds of the states present and voting, unless, by the same majority, they have decided to apply a different rule (cf. [Art.9, Vienna Convention of the Law of Treaties 1969]).

In many instance, a treaty is adopted during the initial signature phase, in which case the date and place of adoption coincides with the date and place of signature.

Adoption in the EUCLID context

The initial drafting of the EUCLID “” was done in New York by a diplomat attached to a Permanent Mission of a UN Member State assisting on a voluntary basis. The form and text was presented to the Minister of Foreign Affairs of Sierra Leone, H.E. Zainab Bangura, who initial signature finalized the text and sealed the adoption of the draft which was also at that time circulated to other potential Participating States.

The “” was likewise drafted in New York to make sure that the language of the instrument would, both in English and French,

Did you know?

Article 102 of the United Nations Charter (which is a treaty) harks back to a similar article found in the Charter of the League of Nations.

The intention of the article was to prevent "secret diplomacy" and to ensure that all treaties and intergovernmental agreements would be made public.

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In international law, it so happens that a "charter" or "accord" may not in fact be a treaty! How can you tell the difference? Visit our Treaty vs MOU page to become a treaty expert...

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The Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations (1986) has been ratified by 30 States but it has not yet entered into force...

EUCLID publishes "Binding and Non-Binding Instruments in Intergovernmental Relations" guidebook for diplomats and international relations ...

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EUCLID Treaty Depository Services: This web site is maintained by the EUCLID Secretary General in his/her capacity as depositary under Article V of the convention and under Article 76 of the Vienna Convention of 1969.